In the Matter of the Marriage of Martha Preston and Wayland Preston and in the Interest of R.W.P., a Child--Appeal from 77th District Court of Freestone County

State: Texas

Court: Texas Northern District Court

Docket No: 10-08-00066-CV

Case Date: 11/19/2008

Plaintiff: Darrell Allen LeMaster

Defendant: State of Texas--Appeal from 91st District Court of Eastland County

Preview:Ex Parte Henry Taylor--Appeal from Criminal District
Court of Jefferson County
In The
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-07-505 CR
EX PARTE HENRY TAYLOR
On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 98647 (2231)
MEMORANDUM OPINION
On September 10, 2007, the trial court denied Henry Taylor's application for writ of habeas corpus without conducting
an evidentiary hearing or issuing the writ of habeas corpus. On October 18, 2007, we questioned our jurisdiction over
the appeal. We received no response.
No appeal lies from the refusal to issue a writ of habeas corpus unless the trial court rules on the merits of the
application. Ex parte Hargett, 819 S.W.2d 866 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230 (Tex. Crim.
App. 1983). In this case, the trial court did not address the merits of Taylor's application. The trial court did not issue a
writ of habeas corpus, nor did the court conduct an evidentiary hearing on the application for the writ. Compare Ex
parte Silva, 968 S.W.2d 367 (Tex. Crim. App. 1998); Ex parte McCullough, 966 S.W.2d 529 (Tex. Crim. App. 1998).
We hold we have no jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
CHARLES KREGER
Justice
Opinion Delivered December 19, 2007
Do not publish
Before Gaultney, Kreger, and Horton, JJ.
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